In Re Estate of Fallos

898 N.E.2d 793, 386 Ill. App. 3d 831, 325 Ill. Dec. 746, 2008 Ill. App. LEXIS 1218
CourtAppellate Court of Illinois
DecidedNovember 26, 2008
Docket4-08-0218
StatusPublished
Cited by3 cases

This text of 898 N.E.2d 793 (In Re Estate of Fallos) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Fallos, 898 N.E.2d 793, 386 Ill. App. 3d 831, 325 Ill. Dec. 746, 2008 Ill. App. LEXIS 1218 (Ill. Ct. App. 2008).

Opinions

JUSTICE COOK

delivered the opinion of the court:

Patrick Fallos, a physically disabled man born in 1949, filed a petition to terminate guardianship over his person. The trial court denied the petition. Fallos appeals. We reverse and remand with directions.

I. BACKGROUND

Fallos was born in 1949. Fallos was born into what he describes as “the average American family.” His father worked for a gas company and his mother was a homemaker. Fallos graduated from high school with a “C+” average but with straight “A’s” in the industrial arts and began to work various jobs in the service industry. For example, Fallos worked as a painter and as a United States mail carrier. At one point, he served as the vice president of a local union. Fallos later married and had two children, a boy and a girl. He and his wife divorced in 1980. Fallos’ relationship with his children, particularly his daughter, has since become strained.

Four years later, in 1984, Fallos was in a serious car accident that left him partially paralyzed, semi-spastic, and confined to a wheelchair. Fallos also suffered partial paralysis of his diaphragm, which made it extraordinarily difficult for him to speak and to be understood. Fallos now has a mechanical device that amplifies the sound of his voice, though others still have a difficult time making out his words. Fallos can, however, communicate with others through writing, as he still has use of one hand. His handwriting is shaky but legible. Nothing in the record indicates that the accident led to a diminishment of Fallos’ cognitive abilities. After an initial recovery period following the accident, Fallos lived at home for over 20 years with the help of in-home care providers. Fallos supported himself with his monthly social security disability benefits.

Most recently, the Department of Rehabilitation Services (DORS) helped Fallos carry out his daily living functions. However, at some point in 2005, DORS ceased services because of allegations, which Fallos denies, that Fallos made sexual advances toward DORS employees. In October 2005, after DORS discontinued services, Fallos fell from his wheelchair and was unable to move or call for help. He was not found for three days, at which point he was taken to the hospital and treated for a fractured hip and dehydration. Fallos also suffered from delusions during this time period, which may have been due to his failure to receive any nourishment during the days following his fall. For example, Fallos believed he had been kidnapped by “chop-shop” personnel and held at ransom for three days before being dropped off at his apartment to die. According to a hospital report written soon after the fall and dated October 6, 2005, Fallos also stated that he had been kept in a box for five days without food or water and that he had previously worked for Tom Brokaw. Fallos was also unable to remember three simple words after a five-minute delay and was unable to use his hands for writing, wiping his eyes, holding a glass, or manipulating the hospital bed. The hospital contacted Fallos’ son, Jeff, who lived in Mundelein, Illinois. Jeff expressed concern for his father but also had concerns about the financial obligations that might come with further involvement.

Based on Fallos’ state of being after the fall, the hospital psychologist recommended that Fallos be placed under guardianship. On October 19, 2005, Catholic Charities filed a petition for temporary guardianship. 755 ILCS 5/lla — 4, 11a — 8 (West 2004). That same day, the trial court adjudicated Fallos a disabled person pursuant to section 11a — 2(a) of the Probate Act of 1975 (Act), which states that a person is disabled where, “because of mental deterioration or physical incapacity]], he] is not fully able to manage his person or estate.” 755 ILCS 5/lla — 2(a) (West 2004). The court placed Fallos in the temporary guardianship of Catholic Charities. 755 ILCS 5/lla — 4 (West 2004). The court also appointed attorney Rodney Forbes to serve as Fallos’ guardian ad litem (GAL). 755 ILCS 5/lla — 10(a) (West 2004).

On October 25, 2005, Catholic Charities filed a petition for plenary guardianship. 755 ILCS 5/lla — 3, 11a — 8 (West 2004). On November 29, 2005, the trial court held a hearing on the matter. 755 ILCS 5/lla — 11 (West 2004). GAL Forbes recommended that the petition be granted, and the court appointed Catholic Charities to be Fallos’ plenary guardian pursuant to section 11a — 3(a)(1), which states that the court may appoint the disabled person a guardian of his person if, because of his disability, he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person. 755 ILCS 5/lla — 3(a)(1) (West 2004). The court gave Catholic Charities the authority to place Fallos in a nursing home or other health-care facility if it determined such care to be necessary or to be in Fallos’ best interest. Catholic Charities placed Fallos at Sullivan Health Care nursing home (Sullivan). According to GAL Forbes, Fallos did not initially object to the guardianship because he agreed that he needed to be placed in a licensed-care facility so that he could recover.

Nearly a year later, on October 13, 2006, Fallos sent a handwritten note of correspondence to the trial court. In the letter, Fallos asked that the court take note of the progress he had made with his handwriting, which was once again legible with some effort on the part of the reader. Fallos complained that Catholic Charities was not doing a good job as guardian and stated that Sullivan was a “small central IL farm town care center [that is], I’m sorry to say, not well educated in DISABLED INDEPENDENCE.” Fallos asked the court to understand that, prior to his “5[-]day NIGHTMARE” he had been living independently for 20 years and was able to participate in activities within the disabled community such as electric-scooter racing.

Based on this letter, the trial court scheduled a status hearing pursuant to section 11a — 20(b), which governs the procedure to be followed where a ward requests that the guardianship order be terminated, revoked, or modified. 755 ILCS 5/1 la — 20(b) (West 2004). The court reappointed Forbes as GAL. On November 17, 2006, Forbes met with Fallos at the court’s request to determine the import of Fallos’ October 13, 2006, letter. Forbes submitted a three-page report, stating that it did not appear that Fallos’ physical condition had significantly improved. However, Forbes did not observe any indication that Fallos suffered from any mental infirmity. Fallos did not have any specific complaints about the care he was receiving at Sullivan, except that he did not receive adequate physical therapy to help him regain his strength. Fallos stated that the reason he wrote the letter was because he wanted the court to appoint him an attorney to assist him in applying for services through DORS so that he could eventually be placed in a less restrictive environment. Fallos asked to be present at any court hearing relating to his guardianship.

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Related

In re Estate of Kusmanoff
2017 IL App (5th) 160129 (Appellate Court of Illinois, 2017)
In Re Estate of Fallos
898 N.E.2d 793 (Appellate Court of Illinois, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
898 N.E.2d 793, 386 Ill. App. 3d 831, 325 Ill. Dec. 746, 2008 Ill. App. LEXIS 1218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-fallos-illappct-2008.